EN January 01 Vacating a Judgment and Staying Enforcement of a Writ of Restitution Should I use this? Yes, if one of these is true: Your landlord Is threatening to evict you. Has filed an eviction case against you in court, especially if you did not deliver a written "notice of appearance" or answer on time OR go to a show cause hearing. Served you with an eviction summons saying you must pay rent into court OR file a certification by the deadline. You did neither. You must also have good reason for not having filed a Notice of Appearance or Answer, paid rent into court, or filed a Certification in time. IF YOU DO NOT, STOP HERE. This packet has forms and instructions for trying to stop a Judgment and Writ of Restitution. This would let you Stay in the property a little longer. Get another hearing. Maybe reverse the court s decision to evict you. Do not file this motion just to delay an eviction. File only if you believe you have a real defense. If you lose, you may owe more for court costs and attorney s fees. Words and expressions you should know Writ of restitution - This court order tells the sheriff to remove you and your things from the place you are renting. Enforce the writ - What the sheriff does to carry out the writ. Judgment - A judgment is a court order. The judge rules for or against you. In an eviction case, the judgment also states how much money (if any) you owe your landlord. Vacate When a court vacates a judgment, it withdraws or cancels it. Stay When a court stays an order, it temporarily stops it from taking effect. 1
EN January 01 Ex Parte Going before the court without notifying the other party. Sometimes also means the courtroom where you see a judge without notifying the other party, or after giving the other party phone or email notice. Court commissioner This person is like a judge, but only makes decisions relating to a specific subject matter. Some counties have court commissioners hear eviction cases. This packet just says judge to make things simpler. Why should I try to fight the judgment against me? The landlord can use the judgment to collect what you owe by Garnishing your wages or bank accounts. Seizing your personal property and selling it. Why would I fight the Writ of Restitution? You believe you had a good reason for not responding to the eviction summons or appearing at the show cause hearing. For example, you did not get the summons or complaint, or sent a Notice of Appearance or Answer to the landlord s attorney that they did not provide to the court. How do I fight the Judgment and Writ of Restitution? You can file a motion asking the court to vacate the judgment and stay the eviction. If the court agrees you may have had good reasons for not responding or appearing, it may stay enforcement of the writ and hold a hearing on your motion to vacate the judgment. When should I file this motion? You can do so any time before enforcement of the writ. Where do I file it? You file it with the clerk of the same Superior Court that issued the Judgment and Writ.
EN January 01 Step 1: At the same time, file a Motion to Shorten Time, proposed Order Shortening Time, AND a Motion and Declaration to Vacate Judgment and to Stay Enforcement of Judgment and Writ of Restitution. The Motion to Stay and Vacate, for short asks the court to stop the sheriff from coming out to evict you. EVEN IF THE COURT GRANTS THIS MOTION, IT MAY ONLY STOP THE EVICTION TEMPORARILY. After the court stays (stops) the eviction, it must have a hearing on the issue of whether its original Judgment in the eviction case was correct. You must have very good reason/s to ask the court to vacate its original Judgment for the landlord. The Motion to Shorten Time asks the court to shorten the number of days notice of you must give the landlord of the hearing on the Motion to Stay and Vacate. Proposed Order Shortening Time - you ask the judge to sign this. Step : Get an Order Shortening Time. Schedule the Hearing on your Motion to Stay and Vacate. Ask the court clerk how to arrange to ask a judge to sign your proposed Order Shortening Time. Many courts have an Ex Parte department to hear this type of Motion. When you go to court, the judge will Review your request to shorten time. The judge may, but does not have to, allow you to give phone or email notice to the landlord s lawyer, or allow them to participate by phone, so as to have the hearing sooner. Schedule a hearing date on your motion to vacate judgment IF the judge grants the motion to shorten time. Step : Notify the landlord s lawyer about the hearing on your Motion to Stay and Vacate. If the landlord does not have a lawyer, follow our instructions with the landlord directly. If the judge agrees to sign your Order Shortening Time to hear your Motion to Stay and Vacate quickly, they must also sign an Order to Show Cause. The Order to Show Cause serves as a hearing notice for the landlord s lawyer. In it, the judge puts the date/time they will hear your Motion to Stay and Vacate.
EN January 01 How to fill out the forms: You must fill out all of these: Motion for Order Shortening Time Order Shortening Time Order to Show Cause (Vacate Judgment) Motion and Declaration to Vacate Judgment and Stay Enforcement of Writ of Restitution. Order to Stay Enforcement of Writ of Restitution. A. Motion for Order Shortening Time Fill out the case caption. You can copy it from the other court papers in this case. RELIEF REQUESTED: In the second paragraph, in the second blank, put a date no more than the day before the writ is scheduled to be enforced. In the last blank in that paragraph, put that same date. Leave everything else for the judge to fill out. STATEMENT OF FACTS: Use the blank spaces here to explain that you must have a hearing on your motion quickly to stop the eviction. B. Order Shortening Time Fill out the caption. At the end, sign under Presented by. Leave the rest for the judge to fill out. C. Order to Show Cause (Vacate Judgment & Stay Enforcement of Writ) Fill out the caption. IT IS ORDERED: In the first blank, put the landlord s name. In the second, put the date the court entered the Writ and Judgment. The judge will fill out the rest. Presented by: Sign and then print your name where it says. D. Motion and Declaration to Vacate Judgment and to Stay Enforcement of Judgment and Writ Of Restitution This Motion says why the court should vacate the judgment and stop the eviction. On the first page, fill out the caption. Fill in the blanks. Paragraph : explain your reasons for the motion. First, state the good reasons why you did not respond to the summons and complaint on time or appear at a show cause hearing. Examples: The landlord did not serve me with a summons and complaint. I responded to the summons and complaint in time. The court issued a writ anyway without a hearing.
EN January 01 I could not answer the summons and complaint or appear at the show cause hearing because (give your reason). Next, explain your defense to the eviction. Examples: I paid my rent. I did not pay my rent because my landlord did not make needed repairs. My landlord is evicting me because of my race or disability or other illegal discrimination. Hint: The court will usually not accept reasons such as "I need more time to move." Paragraph : Put the name/s of anyone (including yourself) whose declarations you are submitting in support of the motion. Paragraph : Put any state or local laws or other legal authority supporting your motion. Sign the motion. Put your name, address, and phone number underneath. In the declaration part, put the facts and details supporting the reasons for your motion. Examples: I came back from the store and found the eviction summons and complaint inside my screen door. Nobody was home while I was at the store. I paid my rent in cash. My landlord refused to give me a receipt. If you are submitting declarations from other people that support your own, you should refer to them as appropriate. (You can attach other declarations to your motion.) At the end of the declaration, briefly describe how you tried to notify your landlord s lawyer that you are going to court. Sign the declaration. Put the place and date you signed it. B. Order to Show Cause and To Stay Enforcement of Writ of Restitution This order Sets the date and time for the hearing on your motion to vacate the judgment. Stops enforcement of the writ of restitution until after that hearing. At the hearing, the court will listen to you and the landlord and make a decision on your motion and the eviction case. You put the parties names and case number yourself, and sign the document. The judge fills in the rest. Step : File and serve the papers. After the judge fills in the hearing date and time and signs the order to show cause, you must file the original of the order with the clerk s office. You must also bring the sheriff's office a certified copy of the order, unless the court says you can deliver a photocopy.
EN January 01 Before you file the originals with the clerk, make two copies of each: One copy for your records The other for delivery to your landlord s lawyer (or the landlord, if s/he has no lawyer) Next, ask a clerk for their filing stamp. Stamp the first page of each of your copies. Give the clerk the originals. Ask for a certified copy of the Order to Show Cause and to Stay Enforcement of Writ (unless the judge lets you serve a photocopy of the order on the sheriff). You must pay for the certified copy. Take the certified copy (or photocopy) of the order to the sheriff s office. YOUR EVICTION WILL ONLY STOP IF YOU TAKE THIS COPY TO THE SHERIFF. Step : deliver one set of copies to your landlord s lawyer. Keep the other set. Bring your copies to the hearing on your motion to vacate judgment. Step : Go to the hearing on your Motion to Stay and Vacate. You must bring: your Answer to the complaint for unlawful detainer any receipts any letters any photos other proof of your defenses any witnesses What if I need legal help? If you have any questions or problems, talk to a lawyer. You have the right to have a lawyer represent you at the hearing. The court will NOT appoint a lawyer for you at public expense in a civil proceeding if you cannot afford one. If you are low-income: Apply online with CLEAR*Online - http://nwjustice.org/get-legal-help or Call CLEAR at 1--01-1 CLEAR is Washington s toll-free, centralized intake, advice and referral service for lowincome people seeking free legal assistance with civil legal problems.
EN January 01 Outside King County: Call 1--01-1 weekdays, :1 a.m. - 1:1 p.m. King County: Call for info and referral to an appropriate legal services provider weekdays, :00 am :00 pm. You may also call (0) 1-00, or the toll-free1- --WASH (). You can also get info on legal service providers in King County through s website, www.resourcehouse.com/win/. Persons 0 and Over: Persons 0 or over may call CLEAR*Sr at 1---1, regardless of income. If you are deaf or hard of hearing, call 1-00-- or to get a free relay operator. They will then connect you with or CLEAR. This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of January 01. 01 Northwest Justice Project 1--01-1 (Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for noncommercial use only.)
Superior Court of Washington County of 1 vs. Plaintiff, Defendant.,, NO. Defendant s Motion for Order Shortening Time On Defendant s Motion to Vacate Judgment and Stay Enforcement of Judgment and Writ of Restitution 1 1 1 1 1 1 1 0 1 I. RELIEF REQUESTED Defendant moves the court for an order shortening the time for notice to Plaintiff of the hearing on Defendant's Motion to Vacate Judgment and to Stay Enforcement of Judgment and Writ of Restitution from five days to days. Under court rules, Defendant's motion would be set for hearing on [date] and Plaintiff would have until [date] to respond. Defendant requests that the hearing be set for [date] and that Plaintiff have until [date] to respond. II. STATEMENT OF FACTS [Set out a short statement of the main facts supporting the motion and showing why the MOTION FOR ORDER TO SHORTEN TIME PAGE 1
Court should shorten notice of the hearing on your motion.] 1 1 1 1 1 III. STATEMENT OF THE ISSUE Defendant presents the following issues for resolution by the court: 1. Should this court shorten the notice to Plaintiff of the hearing on Defendant's Motion to Vacate Judgment and to Stay Enforcement of Judgment and Writ of Restitution from five days to days, so that Plaintiff will have until [date] to respond to Defendant's motion? IV. EVIDENCE RELIED UPON This motion is supported by the attached declaration of Defendant, [your name]. [Set out any additional evidence supporting the motion.] 1 1 1. 0 1 V. LEGAL AUTHORITY Defendant makes this motion pursuant to CR (b). Defendant has attached a copy of this rule. MOTION FOR ORDER TO SHORTEN TIME PAGE
VI. PROPOSED ORDER A proposed order granting the relief requested accompanies this motion. Dated: This day of, 0 Signature Print Name 1 1 1 1 1 1 1 1 0 1 MOTION FOR ORDER TO SHORTEN TIME PAGE
Superior Court of Washington County of 1 1 1 1 vs. Plaintiff, Defendant.,, No. Order Shortening Time On Defendant s Motion to Vacate Judgment and Stay Enforcement of Judgment and Writ of Restitution 1 1 1 1 0 1 This matter came before the Court on Defendant's motion to shorten the time for notice to Plaintiff of the hearing on Defendant's Motion to Vacate Judgment and to Stay Enforcement of Judgment and Writ of Restitution. Defendant moves to shorten the notice time by days, or from [date] to [date]. The Court heard the oral argument of Defendant Plaintiff. The Court considered the pleadings filed in this action and the following evidence: ORDER TO SHORTEN TIME PAGE 1
1 1 1 1 1 1 1 1 Based on the argument of the parties and the evidence presented, the Court finds that good cause exists to shorten the time for notice to Plaintiff of the hearing on Defendant's Motion to Vacate Judgment and to Stay Enforcement of Judgment and Writ of Restitution. Based upon the above finding, This Court Orders: 1. The Court grants Defendant's motion.. The Court shortens the time for notice to Plaintiff of Defendant's Motion to Vacate Judgment and to Stay Enforcement of Judgment and Writ of Restitution to days.. The court sets the hearing on Defendant's motion for [date]. Plaintiff shall serve and file a response to the motion by no later than :0 p.m. on [date]. Dated: This day of, 0 Presented by: Signature Print Name Judge 0 1 ORDER TO SHORTEN TIME PAGE
Superior Court of Washington County of, No. 1 vs. Plaintiff, Defendant., Motion and Declaration to Vacate Judgment and to Stay Enforcement of Judgment and Writ of Restitution 1 1 1 1 1. Relief requested. Defendant(s) move(s) the court for an Order vacating the judgment in this action and staying enforcement of the judgment and the writ of restitution until the court can hear the motion.. Statement of facts and issues. Defendant bases this motion on these grounds: 1 1 1 0 1 Motion and Declaration to Vacate Judg. and Stay Enforcement of Writ of Restitution - Page 1
. Evidence relied upon. Defendant bases this motion on the attached declaration of.. Authority and argument. Defendant makes this motion pursuant to CR and CR 0 and (other). 1 1 1 Dated: DECLARATION Defendant(s) (Signature) Defendant(s) Name (Print) Address Telephone Number 1 1 1 1 1 0 1 I,, declare as follows: 1. I am the defendant in this unlawful detainer action.. I request that the court vacate the judgment entered in this action and stay enforcement of the judgment and writ of restitution until it can hear the motion to vacate judgment for these reasons: Motion and Declaration to Vacate Judg. and Stay Enforcement of Writ of Restitution - Page
I certify under penalty of perjury under the laws of the state of Washington that the foregoing statement is true. 1 Signed in (City), Washington on. (Date) 1 1 1 1 1 Signature Print Name 1 1 0 1 Motion and Declaration to Vacate Judg. and Stay Enforcement of Writ of Restitution - Page
Superior Court of Washington County of, No. 1 1 1 1 1 1 1 1 0 1 vs. Plaintiff, Defendant., Order to Show Cause and to Stay Enforcement of Judgment and Writ of Restitution (Clerk s action required) This matter came on for hearing before the undersigned on Defendant(s)'s motion to vacate judgment and to stay enforcement of the writ of restitution. The Plaintiff received notice of the hearing as reflected in the court record (or) as follows: The court having reviewed the motion and declaration, ORDERS as follows: 1. Plaintiff(s) and Defendant(s) in this action shall appear in Room, County Courthouse, [Address], Washington [zip code], on [date] at a.m./p.m. and show cause why the court should not grant the relief requested in the defendant(s)'s motion. Order to Show Cause and to Stay Enforcement of Writ of Restitution - Page 1 of
. The court stays enforcement of the judgment and the writ of restitution issued in this action for property located at until further order.. This court authorizes Defendant to serve a photocopy of this order on the sheriff instead of a certified copy.. Other. 1 1 1 1 1 1 1 1 0 1 Presented by: Dated:. Defendant Judge/Court Commissioner Defendant(s) Name (Print) Address Telephone Number Order to Show Cause and to Stay Enforcement of Writ of Restitution - Page of